|November 3, 2014
Changes to Bankruptcy Forms, Fees and Rules Effective December 1, 2014
The Judicial Conference of the United States approved changes to the Bankruptcy Court Miscellaneous Fee Schedule, Official Bankruptcy Forms, and Federal Rules of Bankruptcy Procedures effective December 1, 2014.
- Direct appeal or direct cross-appeal fee increases to $207.
- Filing a motion to redact a record-$25 per affected case. The court may waive this fee under appropriate circumstances.
- Official Forms 3A (Application for Individuals to Pay the Filing Fee in Installments) and 3B (Application to Have the Chapter 7 Filing Fee Waived) are revised to remove references to fee amounts.
- Official Form B6Sum (Summary) is revised to update line number cross references to the revised means test forms (Official Forms 22A-1, 22A-1 Supp, 22A-2, 22B, 22C-1 and 22C-2).
- Official Forms 17A (Notice of Appeal and Statement of Election), 17B (Optional Appellee Statement of Election to Proceed in District Court) and 17C (Certificate of Compliance with Rule 8015(a)(7)(B) or 8016(d)(2)) are new forms set to go into effect with the revised bankruptcy appellate rules.
- REVISED Means Test Forms--Official Forms 22A-1, 22A-1 Supp, 22A-2, 22B, 22C-1 and 22C-2. These forms are revised to accommodate changes in the law as a result of Supreme Court precedent.
To see the pending form changes visit the U.S. Courts website for more information.
Changes to the Federal Rules of Bankruptcy Procedure:
- Rule 1014(b) – The amendment to Rule 1014(b) provides that proceedings in subsequently filed cases are stayed only upon order of the court in which the first-filed petition is pending, and would expand the list of persons entitled to receive notice of a motion in the first court for a determination of where the related cases should proceed.
- Rule 7004(e) – The amendment to Rule 7004(e) alters the period of time during which service of the summons and complaint must be made, reducing the period from 14 days to 7 days after issuance of the summons.
- Rules 7008(b) and 7054 - Procedure for seeking attorney’s fees in bankruptcy proceedings. Rule 7008(b) will be deleted. Rule 7054 will include the procedures for seeking an award of attorney’s fees, unless the governing substantive law requires the fees to be provided at trial as an element of damages.
- Rules 8001-8028 – Rules Governing Appeals. Amendments will (1) bring the bankruptcy appellate rules into closer alignment with the Federal Rules of Appellate Procedure; (2) incorporate a presumption favoring electronic transmission, filing and service of court documents; and (3) adopt a clearer and simpler style.